ASHOK BHAN, S.H.KAPADIA
Vasantiben Prahladji Nayak – Appellant
Versus
Somnath Muljibhai Nayak – Respondent
JUDGMENT
Kapadia, J.-Appellants (Plaintiffs) filed a suit bearing No. 116 of 1968 in the court of Civil Judge, Narol for a declaration that they were owners of ancestral house site land bearing G.P. No. 497 in Sarkhej, district Ahmedabad and for recovery of possession thereof from the respondents (defendants) and also for permanent injunction restraining respondents from interfering with their possession over the disputed land. According to the appellants, the suit land was ancestral property belonging to father-in-law of Vasantiben (appellant No.1) and after his death the property came in possession of her husband. According to the appellants, in the lifetime of the husband of appellant No.1, the respondents used to tell the husband of appellant No.1 to allow them to make construction on the land. According to appellant No.1, her husband did not permit the respondents to make construction till his death, i.e. six years prior to the institution of the suit. That even before his demise, the respondents used to tell appellant No.1 to donate the land to the community which she refused and soon thereafter the respondents started constructing a compound wall without her permission. In t
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